To: | Cosmoda Concept Corporation (tm@sughrue.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 78964037 - PRIORITY - S13708 |
Sent: | 7/15/09 12:42:31 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/964037
MARK: PRIORITY
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Cosmoda Concept Corporation
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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NOTICE OF SUSPENSION
ISSUE/MAILING DATE: 7/15/2009
SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. However, if you wish to respond to this notice, you should use the “Response to Letter of Suspension” form found at http://teasroa.gov.uspto.report/rsi/rsi. The Office will conduct periodic status checks to determine if suspension remains appropriate.
Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin. If the registration is in a foreign language, an English translation must also be submitted. 15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq. Please note that applicant must notify the examining attorney if the foreign application abandons.
The following refusal(s)/requirement(s) is/are continued and maintained:
1. Trademark Act Section 2(d) Refusals to Register:
U.S. Registration No. 1467470 for the International Class 025 goods. The examining attorney has considered applicant’s arguments but has found them unpersuasive. The dominant feature in the mark PRIORITY MALE in which the wording PRIORITY is the initial word and the wording MALE is disclaimed remains PRIORITY. As such, the mark is confusingly similar to applicant’s mark PRIORITY. Applicant still has clothing in its identification of goods in this application and thus the goods are related. Thus, the Trademark Act Section 2(d) is maintained.
2. Partial Requirement for Identification of Goods
THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Applicant’s request to divide’s instructions resulted in the language “security money holders” to move to a child application, but the result is that “travel slippers, namely, money belts” remains in this application. This language does not make sense and application must amend the language to “travel slippers; money belts” or else delete the language completely.
For guidance on writing identifications of goods and/or services, please use the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm/html, which is continually updated in accordance with prevailing rules and policies. See TMEP §§702.03(a)(iv) and 1402.04.
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
/Tasneem Hussain/
Trademark Examining Attorney
Law Office 105
(571) 272-8273
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.